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HomeMy WebLinkAbout06/29/1921 Board of Public Works Minutes51ti No. 803. In-the-Gitr bi'"Soutfi"gend,`2adiana-:...�.•..., I' h above matt r. no emonstr to�rrs at eared and no write n remonstrance was i de. Th Boar1 h re ore JV thaa ro er' r assesse s in said roll filed une 2D h., 2 s ene e n he a un o assessments s sh on id roll a d the r „fur her i d th the une �b h� , 21 and die inar a to a Iowed . une �th. �°Jff-s,8W80dr91,l,;A1t9, same are ire y in al th ngs rati e , confirms and approve, Hearing had on assessor nt roll and fi 11 esti to or ade curb and sidewalk on hapi Street_from Iniana Avenue toliver tree, u er �mprove�- meat Resolution°Uo. ?5. In the City of South Bend, IndianA, I th above matter no remonstrators ap eared and no written remonstrance was ile The Board therefore find that theproperty assessed In"said roll filed D oe ber 288th. 1922 is beaefittod i the amount of asses ments as shhown on sai ro 1, and the Board further find t t the assessment roft file Decemb r 228th 1920a d the ina,1 a tiimate"all d Deco m r lagth. 1920 should be 9a trie setae are ereby in all hangs, rattlTed, con rmed an8 a�proved. resurfaci g of Hea in had o resolutiion or avemen on Hudson Ave froffi, Po Arta a AvtixB to iv rside rive, under improvement Resolution No. In the City o South Bend, Indiana. In the abo utter a itten rem t nc wa filed nd Remo - strators a eared cT a ten remo saran sehe d Fterari and partieppresenred an� ntereste in tchsearing and cheeokn u writ an g remonstrances,.decideid to, referred this resolution to the Commo ngCouncil for their order for such resurfacing, this matter indefinitely postponed until action on said resolution by the Common Council. H arin had o re alution for pipe ewe in Blaine yen a nd QQueer 'Street from McCar ney street o_ ortage Avenue, under improvement Reso ut on No, $87. -IN the City of SoMath Bend, Indiana. In a bov ter uem nst o s a e r d an •a written remon- ds was filed. +Re toara a�`�er hear�ng at� �inte��s�eed parties present, d said hearing until We a da Jul ig,. 1921 a �:15 Pe . The Board property owners Ghat a r p �f in es gaion wou d be ma. Pr p rt owners re$idi R on orth Eddy gtreet frost L� S�l�e Av"Oble to South Bona verve appeared be ars t e Board and presented t e o lowing p�et'tion, which was read and placed on file. TO THE BOARD OF PUBLIC WORKS SOUTH BEND, INDIANA. South Bend Indiana. June,�9th.,1921. We the undersigned property owners, owing propert and lso living n North Ed d Street bbetween La �1 1 Ave ue on he s t a d Souh Be nd venue on th�'north, do hereby petiton t e Boar of I�ubcorks of the City of South Bend, Indiana to not accept any of the .bids that have been presented to the Board for the esurfacing of North Eddy Street pavement because we feel that. the price o 42.60 per square yard for resurfacing with Trinidad Asphalt, or the price of 2.45 per square yard for resurfacing with Mexican Asphalt is too high in price, and we petition the Board of Public Works , that the resurfacing of North -Eddy St eet be held over till the year 1922, or until such time as the price of asphalt pavement has been adjusted to a reasonable price comparative or such material as prevailed before the world war. J. E. GEARHART Diantha Rupel Robert Be Krause" Be Be Norfoot T. J. Foraker John 0. Lindroth, 313 Eddy. St. Wollgang Waeahter H. R. Larkin 616 N. Eddy Erhardt Riedel N. H. Hosler Core Miner & Eddy. George.Goldstein C. Kemm L. E..Murphy F, Wishman 542 N. Eddy St. O's A. Boa, Pete Kasly 701 N. Eddy, St. Augusts Boa Eva Watson 715 N. Eddy St. Louis Ike Bard Walter De se 72 N, Eddy St. Jeorge Vf lkel 80 N, Eddy St. 1 N. Alfred Johnson 322 N. Eddy St. 41 i` FILED H. L. Dean Lorin JUN. 29,1921. BOARD OF PUBLIC WORKS. BY G. A., ELLIOTT President. -5.17 Wednesday June 291h... 1921. continued , Deferred hearinghad on'Condemnation R solutio No. 61 fo Opening of a highwa along the ort nd South Center tine of est One Ha !' - of Section l-S Twp. 37 forth Range. Two (2) East from Sample Street to Ewing Aven�e, under Condemnation Resolution No. 61. In the City of South Bend, Indiana. Western'R. Ine v latetttotn�b doer 6gEt% #rafidunk R . Co . a A$Yi® u and Michigan Cent i P.'Cis. T. D. Elder and Mr. Phelps of the Michigan Central R. R. Company appeared an0rob eet-ed to?lto t:ie opening of said h.igheay, across their; tracks; Dr. C H. Meyers Attorney A.;Sehellinger and Judge Ft .pptittoners regent: Attorney Hubbell requested permission to -file written remonstrance and stated heir temonstrance would be -worded the_same as the one now on file bar the Grand Trunk Western R. R. Co. filed on June.22nd., 1921, same gQranted b the Board and Attorneyy Hubbell placed the New York Centre R. R., Co.? and Michigan C ntral R. R.-Co. by.S. C. Hubbell their attorney onremonstrance'of Grand Trunk R. R.. Co. filed June 22nd-1921. Attorney W. G. Crabill amended written remonstrance on file, to exclude.the followihg in paragraph No. 4 ( Whereas if said proposed 'street on highway was moved onehalf block farther west it would connect at the ngrth end with Anthony Street. Attorney Hubbell and Grabill then requested permission to Pile amended remonstrancesremonstrancesi Attorney A. Schellinger requested that meeting be postponed until amended remonstrances by the Grand Trunk R. R. Co, and. Michigan Central R. R. Go. -And ?mow Yo Central R. R.. Co were, filed. The Board then ranted Attor>�tey Crabil3 for .the,.,.Grand:Tr4nk7:We ;tern R.. R. Co. and Att me H bbgg11 of th New York Central R P. Co. nd `i hhi. n.0 astral RR R. Co. permission zo ne amends rc�monstranees and Then coat nue he ear ng on this resolution until Wednesday July 6th.,. 1921 at 8:00 P.Me „ The following bond,and contract approved by the Board. ; PUBLIC IMPROVEMENT CONTRACT, Thi Agreement, Made and entered into this 27th. da of J ne 1921 reend tetoeesn Geo..fon1arelli the County of Cook and State of Inydians thereinafter ,end t 8 the Contractor ), and the City of South Bend in the County of St. Joseph, and'State or India , by and through its Board of Public Works, thereinafter, referredq $$s the Cii and r a d.b v.irtue.o _ n c of the Gene l Assemblyof the State oIndlanai�l1 entit �d a An .Hat Ooncirning Mur.. c pa or oratidins, approved (' March 6,1905, and all amendatory and supplemental acts there o:- - Witnesseth,-that the contractor covenants and agrees to construct gipe sewer o W shington Ave ue from side A enue to Jacob Street,, in the City of outh Bend, nd ana, at and or the foTRoo ing prvices:- 500 lin. Ft. off 12" pipe ppsewer per lin ft.....6966060:32..55 ;120 lip. ft, of conduiePPPesln"FpteT��n�>�'t......�.... 5 2,5 lin ft. of manholes per lip Ft..................... 8e 0 7 storm water grates, each........ ...................10.00 3 manholes curbs and covers, each .......................20.00 and to perform all work in the prosecution of said improvement under and seeor&W to the to act ew- ditions of Improvement Resolution No, „._a49.____.4.adopted by the Board of Pubfic Works ... O.ct....19t4920 and the plates, profile and specifications on file in the office of the Department of Public Works, which said resolution, p'fa'h11, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length, The eonitactor further expressly covenants and agrees that in the prosecution of said work all proper skill and, care Neill be exercised; that he -,-f?i properly �'�rri and p�•otect all excavations and dangerous places, and will use all due and proper precaution to prevent injury to :ny person or pro -arty; that in the event of any injury or damage resulting from the w-)rk or resulting from any matter or thing connected therewith or artsing therefrom, to any person or property, he v- 11 pay ae4 liquidate the same at fiiI owti expense, and as- sume the liability therefor; and in the event of any claim or claims being made or any action or actions being brought against the city by reason or on account of or growing out of slid work or its construction, the said contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, pa rent or `judgment recovered in connection with such claim or claims, action or actions. And if within ton days after any stasis action is begun, the city shall notify the contractor of tine vewtoericy thereof, thinsay jttigsaent rendered against the city shall be conclusive against the contractor and against the surety inbit asuructim bea4 as im-i t*. amount, lea"w and other matters pertaining thereto. And the contractor agrees to maintain said improvement and make such repairs as may be. necessary for. the period andin.the manner as fixed by the specifications, and to secure tne,maintenance and repair thereof to file with'the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the ,specifications. And in doing such repair work the contractor and the surety on his. guarantee bond,shaltbe subject to the same liability to the city and any other person for any injury' or damage to any person or prop- erty in the same manner and to the same extent xs is fixed in the last preceding par graph covering the con- struction work. ' ' ' And it is further agreed by and between said rart-_*�_-s that the acceptance of the wdrk provided for in this contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of -the proviso ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform- { ance thereof; norshall the acceptance be prima facie evidence of the performance of any provision of this - contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be -used in the making of such improvement and in the performance of this contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the contractor or I-:- assigns, or out of the an.ount due him or his assigns upon the completion of the work, so much as ma3 �cessary to: pay all laborers or materiai men for amounts due them for work done or'ata'tekials used or lurnished to be used in the performance of this contract and the doing of said work, and the county treasurer, acting as city treasurer, may retain money collected from property owners assessed for said rsnproveraent to pay such debts or unsil -the contractor shows that they have been paid or satisfied t 518 ' 11 The co itva�'*or agrees to re:mo••- all rubbish, earth, and trnused material in the streets or sides therool upon the completi9n:•9f the improvement or the repairing thereof. The work of making shelf, improvement shall be completed according to the terms of this contract on or beforethe------ .............. -- - --------- --------------day of----- ----------- ---------- -----_------_----- -_-. -.---, dD ....... unless the time for the completion of the same shall be extended in writi..g by the .Board of Public Works, And it is agreed that any such extension of time, or any alteration of this contract or,.of the. manner or meth od of doing such work "shall in no way affect the duties, obligations or liabilities of the contractor or his sure-- ties. It is agreed that the contractor shall not assign this `ra.^*., or sub -let the work or any part thereof to be done hereunder, without the V,,ri'tten cons 7t of. +h Board of Public Works. nts df, se.id, clty ac It is further agreed, aid sttojilate i h� Q cbi.i.rac.pr ,shill' g. :d cot•. ty preference in the ernploytnent of 11 labor n..t-• saxy in te'pern:for-:ice of thi contract, and failing to do so, Shall forfeit .to the city, the sum of ten dollars for each faittrW +o observe this stipulation. And upon the performance, of all the terrzs. and conditions of .this contract, and things to, be done ana performed b' said contractor the -said 'city agrees to cause th el cost cf, doing sv--h work to be assessed, col- lected and paid to said contractor'in the man-ner.fk(ed.by the statute governing the making of such improve- o each of the conditions and stipulations of thir dontract, including all and singular.the provisions and rras of the phris, profile, sp;cifrcati.or-s.and resolution aforesaid, -the under:;fined=binds himself or itself, and taro. re pecnve successor, or assign,, of s,.tch q arties. 1 . I es ny'Wher o We a fonegoing, named parties; hereunto set our hands.h si. day ©�,ne ,92I GEORGE PONTARELLI CITY OF SOUTH BEND, INDIANA• _ Contractor BY 1 G. A.ELLIOTT He F. R STISSR : JOHN F. DEHAVEN Its Board of Public°Works.` CONSTBUCTTON BOND )cu byta. That .re i, Geo. POntar611i of the County of COOS __— � _ -�•-, State a�- �T1111iQ� S —.. as prind- p4 and al obe lude mn' tv:. on4iQAr -- •------- ------ ------- ---____.. _--.-. .. - of the County of Essex __and State of ---------New lgrop as,sureties are held and firmly bound to: the City of South Bend, Indiana, in the sum of.__..._.....r._....�.......« One ThOUM d.M. 4--f11t8._ _ -- .:-_. _ ___ ___ Dollars ($1005.00 �. ...--. _ .-.-... _.--._..-..-.. for the payrfient of which, well and truly to be made, we jointly and severally bind ourselves, our henry executors' adminstrators :_and assigns; firmly, by these. presents. The conditions of the obligation are. such that if the above named___.—._...—__......_.�. G Eontagellf _ -_ shallfaithfully comply with thfi f0ngaift Mtfgg1 made and tutered`into ------- day of-----------------J13M.. 7 O? ,......,...,,�.,..........� With, titsrity.of South.$er_d, Indiana, and shall fulfill alr the conditions and,stipuls�other too according to the .tsu� .iIItent. anr�.maa. i�7g thereof, in all respects, then this obligation to be voids ®thy i�13i� to � an semimin.full force and virtue in law. In the even: the said City. shall -extend the time for th! ®® letio. of .said work,..sur1H extension shall not in any way release the sureties on this bond, This.shall ba A,construction bond, a_ud the> sureties on the same shall not be held responsible for tho maintenance.and.repair,of.the �nnrov_emPnt after it has been accepted by the second party, but sUgh MOW shall be held responsible for the fait'-�ul compliance with all other conditions, stipulations and regUiraMOT-3 p eavered by or set out in the contract. ` N � � r l a des ark HQaiH thls.,,.,,,,..,,��fob*.,_,..,,.,day of...............�k�.Q...�9?..�...:.........�..... i GEORGE PO (al,) t The above band approved this-.—___...� t..h..�.......- ...day of.......,,�......... � ... 1�...►19...�. H. F. RPSTISER Board of Public Works. i Proofs of publications filed by the News Tres signed by J. M. Staphenson.,as Pub. and sworn to as follows:- Notice of improvement resolution No. 889 for pavement on Emeriek Street, pub. 17th,.day of June and 24th, day of June 1921. Notice of resolution.of.C.ondemnation No. 62 for opening of Johnson Street, pub. June 24-th.-and June 17th-, 1921. 1 Prosals for street improvements -publ. June 24th. and June 17th. 1921. Notice of improvement Resolution No. 890 pub. June 17th. and June 2,4th. , 1�21. 2